Embry Kidd to Join Thin Ranks of Black Male Circuit Judges (1)

The US Senate confirmed only the second Black man to a federal appeals court in the past decade, despite President Joe Biden’s emphasis on expanding the diversity of the federal judiciary.

The Democratic-led chamber voted 49-45 to send Embry Kidd to the US Court of Appeals for the Eleventh Circuit.

The US magistrate judge in Orlando, Florida, and former federal prosecutor replaces Clinton appointee Charles Wilson in Tampa. The circuit covers Florida, Alabama, and Georgia.

Senate Majority Leader Chuck Schumer (D-N.Y.) said in floor remarks that Kidd was “exceptionally qualified,” and noted that the chamber would continue to prioritize moving judicial nominees quickly through the end of the year.

“We’ll keep going,” Schumer said of efforts during the post-election lame duck session.

After Kidd’s confirmation, Republicans forced a series of procedural votes over several hours on Schumer’s plans to bring more nominees to the floor in a tactic to slow action on judges.

President-elect Donald Trump has called on Republicans to not allow Democrats to “ram through” more judicial confirmations during the lame duck. Democrats relinquish their 51-49 majority on Jan. 3, and Trump takes office Jan. 20.

Democrats have so far confirmed two district judges and Kidd in the lame duck session that began last week.

Judicial Diversity

Biden has prioritized demographic and professional diversity in his judicial nominations. He’s earned praise from progressives for appointing more women and people of color and others with non-traditional backgrounds not common to the federal bench, including public defenders and civil rights attorneys.

Though Biden has now appointed 45 appellate judges, including 13 Black women, Kidd becomes only the second Black man confirmed for such a role under the president, according to Federal Judicial Center data. The other was Andre Mathis, who was confirmed to the Sixth Circuit in 2022.

Biden’s attempt to appoint federal prosecutor Jabari Wamble to a Kansas seat on the Tenth Circuit stalled when the nomination didn’t advance to a hearing, and Wamble subsequently withdrew from consideration.

Biden has appointed 20 Black men and 25 Black women to trial courts.

Trump placed no Black men on appeals courts in his first term, while Barack Obama seated seven over his eight years in office.

Prior to Mathis’ appointment, the last Black male appellate appointee was DC Circuit Judge Robert Wilkins. He’s an Obama nominee who was confirmed in 2014.